FAQ

Yes, you may be awarded or required to pay any of the following types of alimony:

• Bridge-the-gap - Short-term support designed to help the recipient transition from married life to a single lifestyle
• Rehabilitative - Support aimed at allowing the recipient to obtain the education or training necessary to become self-sufficient
• Durational - Provides financial assistance for a specific period

Our state's courts will consider several factors when determining alimony, including the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.

Yes, much like child support, you can modify alimony if circumstances require it. This includes a job loss, remarriage, or even retirement.

The state's courts use a formula based on parents' incomes, the number of children, and contributions to childcare or medical expenses. The goal when awarding and determining child support is to make certain the child’s financial needs are met.

Yes, you can seek a modification if some substantial change in circumstances has occurred. This includes anything from a job loss to unexpected changes in medical or educational expenses.

Non-payment can result in wage garnishment, license suspension, and even jail time. If you are dealing with issues related to obtaining child support payments, contact Benjamin Law for the representation you deserve.

The state's courts strive to prioritize the best interests of children. As such, courts will award custody to parents after considering essential factors, from the child's age and emotional needs to either parent's connection with the child and ability to provide a stable living environment. Courts encourage shared parental responsibility whenever possible.

It outlines how parents will share caretaking responsibilities, schedules, and decision-making for their child or children. Creating a parenting plan is required in all custody cases.

Generally, you must get the consent of your co-parent and/or court approval to relocate with your child after divorce.

Grandparents can petition for visitation rights in certain circumstances, usually when the child's parents are deceased, incapacitated, or unable to provide for them. As with all other cases involving children, courts will focus on serving a child's best interests when granting legal custody or visitation rights to grandparents.

You or your spouse must be a resident of Florida for at least six months before filing.

Florida is a no-fault divorce state, meaning you only need to show that your marriage is “irretrievably broken” to seek a divorce.

Yes. If so, you can pursue an uncontested divorce, which is generally much simpler and cheaper than a contested divorce.

While not always mandatory, many Florida courts require divorce mediation before a trial, especially in cases involving child custody disputes. It is often a cost-effective way to resolve issues outside of court.

As a certified family dispute mediator by the Florida Supreme Court, our lead attorney, Nicole Benjamin, excels at helping clients achieve optimal case outcomes through mediation.

Florida follows equitable distribution laws, meaning assets and debts are divided fairly—not necessarily 50-50. Courts consider factors like contributions to the marriage and financial needs when apportioning property.

The process starts with filing a petition for adoption. This can be a stepparent adoption, relative adoption, or non-relative adoption. Each path has specific legal steps, and our team can guide you through them, helping you avoid pitfalls and seamlessly unite your family.

Generally, yes. However, if a parent's rights have been terminated, they do not have the right to consent or withhold consent. Additionally, in certain circumstances, such as abandonment, a court can waive the requirement for consent.